Transforming Strategic Interaction Into Deliberative Problem Solving: European Comiyology In The Foodstuffs Sector Christian Joerges And Juergen Neyer

1211 words - 5 pages

Transforming strategic interaction into deliberative problem-solving: European comiyology in the foodstuffs sectorChristian Joerges and Juergen NeyerThe central argument of the contribution is that core institutional features of the European Community (EC) should be read as supranational versions of deliberationist ideals.Introduction:Deliberative model of democracy:1.securing legitimacy2.economic welfare3.a viable sense of collective identityJoerges and Neyer therefore by no means suggest that the deliberative model of legitimate governance could be simply "applied" at EC-level.They claim-that some core institutional features of the EU should be read as supranational versions of deliberationist ideals and interpreted with a view to shortcomings of the constitutional nation state.-that normative ideas could serve as regulative principles to guide assessments of ongoing developments and the further elaboration of institutional frameworks and legal principles-their argument is transdisciplinary and it addresses a classical problem: How do institutions affect social practices and help to discipline politics?They understand deliberative supranationalism as a regulative principle in the Kantian sense, not as legal or factual given.Constitutionalism beyond the Nation StateDeliberative supranationalism1.legitimization of governance within constitutional nation states remains inevitable one-sided and parochial2.since democracies represent collective identities, they have few mechanisms for ensuring that "foreign" identities and their interests are taken into account within their decision-making processes3.the legitimacy of supranational institutions can be derived from their capacity to cure these deficiencies- as a correction of "nation-state" failuresSupranational constitutionalism should be viewed as an alternative model of constitutional nation state1.Europe won't be build up as a Federal State with tasks which were once assigned to constitutional nation states2.Nevertheless are we to live with a liberalization of the market regimes of our formerly national economicsSocial Regulation, its Insulation in the EC and National ConcernsEuropean policy-making concentrates on areas of social regulation, and it tends to insulate regulatory activities from distributive concernsComitology in the foodstuffs SectorThe legal framework:1.foodstuffs regulation reflects the general development of market integration policies2.foodstuffs are an interesting case, illustrating:-the dependence of functioning markets on regulation-informational market failures-agency problems in the selection of regulators-conflicting expert opinion-the intrusion of new concerns about animal welfare-the environmental dimensions of food production-the constant need to face delicate trade-offs in the balancing of costs and benefits of foodstuff regulation-the importance of cultural tradition3.problems of such a complexity cannot be dealt with in one legislative decision but require...

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